Helton v. Southland Racing Corporation

Filing 45

ORDER, re 35 Bill of Costs filed by Southland Racing Corporation, directing that Defendant be awarded costs from Plaintiff Dianna Helton in the amount of $1,572.26. Signed by Judge James M. Moody on 4/19/2010. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION DIANNA HELTON VS. NO. 3:08CV00054 DEFENDANT PLAINTIFF SOUTHLAND RACING CORPORATION ORDE R The Court has reviewed the Bill of Costs submitted by the defendant, the response of the plaintiff and defendant's reply. (Docket #'s 35, 37 and 38). District courts may award costs to a prevailing party. Fed.R.Civ.P. 54(d). However, such costs must be set out in 28 U.S.C. 1920 or some other statutory authorization. Smith v. Tenet Healthsystem SL, Inc. 436 F.3d 879, 889 (8th Cir. 2006) The defendant has requested $2,312.26 for costs relating to the depositions of the plaintiff and Debbie Scharfetter. The costs related to the videotape of plaintiff's deposition will be disallowed. The Court will award the remaining costs requested. IT IS THEREFORE ORDERED that Defendant shall be awarded costs to and from Plaintiff in the amount of $1,572.26. Dated this 19th day of April, 2010. ____________________________________ James M. Moody United States District Judge

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